Davenport v. Washington Education Association; Washington v. Washington Education Association
Issues
- Does a labor union have a First Amendment right to spend the wages of non-union members for political purposes?
- Does a law requiring labor unions to obtain the permission of non-union members before using their paid fees for political purposes (instead of allowing the unions to use such fees from any nonmembers who do not expressly opt out of such use) unconstitutionally violate the unions' First Amendment rights?
The State of Washington and several Washington educational employees brought suit against the Washington Education Association alleging that the union impermissibly used non-union member “shop fees” to finance political activities in violation of Wash. Rev. Code § 42.17.760's requirement that the union receive affirmative authorization from nonmembers before using their fees for political purposes. The Washington Supreme Court sided with the union and struck down § 760 as unconstitutional. Washington argues that the union does not have a First Amendment right to use shop fees for political purposes. The union responds that § 760 essentially blocks its ability to assert a collective political voice and must survive strict scrutiny to pass constitutional muster. The Supreme Court's decision will determine the balance of First Amendment protection granted to a labor union relative to the protection afforded to dissenting nonmembers who pay shop fees.
Questions as Framed for the Court by the Parties
- Do labor union officials have a First Amendment right to seize and use for politics the wages of employees who have chosen not to become union members?
- Does a state campaign finance law that prohibits labor unions and their officials from seizing and using the wages of nonmembers for partisan political campaigns without obtaining the nonmembers' affirmative consent violate the First Amendment rights of labor unions?
- Does the requirement in Wash. Rev. Code § 42.17.760 that nonmembers must affirmatively consent (opt-in) before their fees may be used to support the union's political agenda violate the union's First Amendment rights?
The Washington Employment Association (WEA) is the exclusive bargaining agent for 70,000 Washington state educational employees. Washington State Public Disclosure Commission v. Washington Education Association (WEA), 130 P.3d 352, 354 (2006).
Additional Resources
- National Right to Work Legal Defense Foundation, U.S. Supreme Court to Review Controversial Ruling Handing Union Officials a ‘Right’ To Forced Union Dues for Politics, http://www.nrtw.org/pdfs/Davenport/Davenport%20Issue%20Brief.pdf (2006).
- Brief of Amici Curiae Evergreen Freedom Foundation et al in Support of Petitioner, Davenport v. Washington Education Association & Washington v. Washington Education Association (2006) (No. 05-1589 & 05-1657).